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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE TWENTY EIGHTH DAY OF MARCH Jo
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
/
WRIT PETITION NO: 16246 OF 2016
Between:
Munnam Ramakrishna Reddy, S/o. Polireddy, Aged about
52 years, Hindu,
R/o Kukkalavaripalem Village, Rajugangarupalem, Prakasam
District.
...PETITIONER
AND
1. The state of Andhra Pradesh Through its Principal
Secretary, (Home)
Secretariat, Hyderabad.
2. The Superintendent of Police, Prakasam District,
Ongole,
3. The Sub Inspector of Police, Chinaganjam PS, Chinaganjam
Prakasam
District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India
praying that in
the circumstances stated in the affidavit filed therewith,
the High Court may
be pleased to pass an order or direction or writ more
particularly in the
nature of writ of Mandamus by duly declaring the action
of the third
respondent as illegal and highhandedness and arbitrary
and consequently
direct the respondent not to interfere with the peaceful possession of his
property and civil disputes in the interest of justice.
I.A. NO: 1 OF 2016(WPMP. NO: 20033 OF 2016)
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the respondents not to interfere with the civil disputes of
the petitioner, pending disposal of the main writ petition, in the interest of
justice.
Counsel for the Petitioner(s): SRI P RAMA SHARANA SHARMA (NONE
APPEARED)
Counsel for the Respondents 1 to 3 : GP FOR HOME
The Court made the following: ORDER
APHC010721912016
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
THURSDAY,THE TWENTYEIGHTH DAY OF MARCH
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 16246/2016
Between:
Munnam Ramakrishna Reddy
...PETITIONER
AND
The State Of Andhra Pradesh Through Its Principal
...RESPONDENT(S)
Secretary and Others
Counsel for the Petitioner:
1. P RAMA SHARANA SHARMA
Counsel for the Respondent(S):
1.GP FOR HOME (AP)
2.15516/GP FOR HOME (AP)
The Court made the following Order:
This writ petition is filed declaring the action of the Respondent No.3
in interfering with the peaceful possession of his property in Survey
No.348/6, Chinaganjam Mandal, Prakasam district, as illegal and arbitrary.
2. This Court vide order dated 12.05.2016 granted interim direction as
follows;
“There shall be a direction to the police authorities not to
interfere in the civil disputes relating to the petitioner or pressurize
settlement thereo.f ”
>»■
3. None appeared for the petitioner. Heard learned Assistant Government
Pleader for Home appearing for the official respondents.
4. On hearing, learned Assistant Government Pleader for Home submits
further submits that
that the 3'''^ respondent filed counter-affidavit and
in Cr.No.38 of
basing on the elder sister of petitioner’s complaint,
a case
registered against
2016 under Sections 447, 427 read with 34 IPC has been
the file of 3^^ respondent and investigated
the petitioner/A5 and others on
discharging their
into. He further submits that the respondents police
keep peace, tranquility
legitimate duties, maintaining the law and order to
in the above FIR, who
and the 3^^ respondent is the Investigating Officer
interference or harassment
visited the scene of offence, but it does not mean
above FIR with regard to
of the respondent police. Except investigating the
with the civil disputes of
above said land, the 3^^ respondent never interfered
Agency carried out
the petitioner at any point of time and the Investigating
case. He further submits
only the criminal act of the accused persons in this
07.05.2016, the police personnel came to said site, abused the
that on
said property within 24
petitioner in filthy language and asked to vacate the
hours or else the petitioner will be implicated in false criminal cases are
submits that except
false allegations made by the petitioner. He further
respondents police never
registering the above FIR and investigated into, the
threatened the petitioner to settle the dispute with the
interfered or
complainant at any point of time.
of the submissions made by learned Assistant Government
In view
5.
filed by 3^^
Pleader for Home and upon perusing the counter affidavit
survives in the present
respondent, this Court is of the view that, nothing
writ petition for any further adjudication.
Accordingly, the writ petition is closed.
6.
There shall be no order as to costs.
shall stand
sequel, miscellaneous applications pending, if any,
As a
closed.
Sd/- K J RAJA BABU
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1. One CC to SRI P RAMA SHARANA SHARMA Advocate [OPUC]
2. Two CCs to GP for HOME, High Court of Andhra Pradesh. [OUT
3. Three CD Copies
Madhu
HIGH COURT
DATED:28/03/2024
ORDER
WP.No.16246 of 2016
CLOSING THE WP WITHOUT COSTS